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Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Child Support"
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Changing Family Law Orders, Awards and Agreements Involving Child Support (view source)
Revision as of 17:20, 26 June 2019
, 17:20, 26 June 2019→Factors in making retroactive child support awards
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*The child must be eligible to receive support when the application for retroactive support is made; "child support is for children of the marriage, not for adults who used to have that status." | *The child must be eligible to receive support when the application for retroactive support is made; "child support is for children of the marriage, not for adults who used to have that status." | ||
*The court has the discretion to award or not award retroactive support, but retroactive awards "need not be seen as exceptional." | *The court has the discretion to award or not award retroactive support, but retroactive awards "need not be seen as exceptional." | ||
*Retroactive child support should not be awarded if the child would not actually benefit from the award | *Retroactive child support should not be awarded if the child would not actually benefit from the award or if the award would cause hardship to the payor. | ||
*"A court should strive for a holistic view of the matter and decide each case on the basis of its particular facts." | *"A court should strive for a holistic view of the matter and decide each case on the basis of its particular facts." | ||
*The recipient's delay in seeking an increase in support will not favour a retroactive award where the recipient "knew higher support payments were warranted, but decided arbitrarily not to apply." | *The recipient's delay in seeking an increase in support will not favour a retroactive award where the recipient "knew higher support payments were warranted, but decided arbitrarily not to apply." | ||